28 USC 1332 establishes these two requirements for SMJ
What is diversity and amount in controversy?
100
3 requirements of specific in personam jurisdiction
What is (1) minimum contacts (2) claim arose out of the contact (3) consistent with notions of fair play (reasonableness factors)
100
statute that defines the general rules for venue
What is 28 U.S.C. § 1391?
100
28 USC 1441 (a) states...
D can remove the case if that case could have initially been filed in federal court
100
the case that defines “principle place of business" and the Nerve Test
What is Hertz v. Friend?
200
St. Paul Mercury's test in determining amount in controversy
What is (1) Ps good faith/genuine belief that their injuries or damages are worth 75k AND (2) a legal certainty that they could recover 75k (judge's discretion)
200
Justice Brennan's approach to stream of commerce
What is by simply placing the product in the steam of commerce the D has purposely availed itself to the forum because they knew it would potentially end up there based on the nature of the economy
200
D loses their objection to venue when...
they fail to raise it in the response to Ps complaint
200
this must be present both on the date of filling and on the date of removal
What is diversity?
200
the case where one contact was sufficient enough to get personal jurisdiction
What is McGee v. International Life Insurance Co.?
300
elements of the Gordon test
What is when one does not lose old domicile until she has acquired a new one or until she goes to a new state and intends to remain indefinitely
300
three ways that a state can exercise general personal jurisdiction on an individual
What is (1) Domicile in the state (2) Consent or (3) personal service and physical presence.
300
two ways that Venue may be waived
What is (1) Failure to raise the issue or (2) a contract's forum selection provision
300
how a P could avoid being removed to federal court
limiting the complaint to a state claim or by suing non-diverse Ds
300
the three elements of the Zippo test
What is (1) Actively Doing Business = GJ (2) Interactive Website = PJ if intended to interact with the forum state (3) Passie = no PJ
400
May aggregate all claims against a single defendant
What is a single plaintiff
400
3 requirements of the Calder Test
What is (1) intentional act (2) aimed at the forum state (3) done with knowledge that an injury would be felt in the forum state
400
For purposes of venue in the federal court system this is where a corporate defendant resides
What is Corporate defendants are considered residents of any judicial district where they have minimum contacts necessary to support personal jurisdiction at the time the action was commenced
400
Paula, a citizen of Ohio, brings a tort claim against Donald, a citizen of Michigan in a state court in Michigan. Donald is unable to remove to federal court because of this rule
What is 28 USC 1441 (b) -- The Forum Defendant Rule
400
case where it was held that "Due process requires that notice be “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”
What is Mullane?
500
Marky Mark (Florida) wants to remove a case brought against him by the Funky Bunch (Incorp. Delaware and PPB in California) on a contracts claim in a state court in Miami, Does the Federal Court have Subject Matter Jurisdiction?
No - Forum Defendant Rule
500
case where the D gave implied consent by subjecting himself to the laws of the forum state
What is Hess?
500
when a case is in the proper venue but it makes more sense to be heard abroad
What is Forum Non Conveniens?
500
case where these elements came from? (1) How would taking the case affect the traditional work of the state court (are the federal courts stealing “typical” cases from the state courts?) (2) How frequently will this issue arise? (3) How important is the issue? (4) Is there evidence of what Congress would have wanted?
What is Grable?
500
the “well-pleaded complaint” rule and the case did it come from
What is federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint -- Louisville & Nashville Railroad Co. v. Mottley